The Department of State Services has withdrawn from prosecuting former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, paving the way for the Office of the Attorney-General of the Federation to take over the case.
Malami, who served under former President Muhammadu Buhari from November 11, 2015, to May 29, 2023, is standing trial on a five-count charge involving alleged terrorism financing and unlawful possession of firearms. He was arraigned alongside his son, Abdulaziz, on February 3.
At Wednesday’s resumed hearing before the Federal High Court in Abuja, the Director of Public Prosecution of the Federation, Mr. Rotimi Oyedepo, SAN, announced that the Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, had resolved to assume prosecution of the matter.
“My Lord, I was informed by counsel to the DSS that the case file has been transmitted to the Office of the Attorney-General of the Federation,” Oyedepo told the court.
He sought an adjournment to enable the AGF’s office to review the file and determine its next steps. Defence counsel, Mr. Adedayo Adedeji, SAN, did not oppose the request but indicated he would, at the next hearing, apply to have the charges struck out if trial proceedings fail to commence.
Justice Abdulmalik subsequently adjourned the case to March 10.
In count one, Malami is accused of knowingly facilitating terrorism financing by allegedly declining to prosecute suspected financiers whose case files were forwarded to his office while he was AGF. Counts two to five allege that he and his son unlawfully possessed firearms, contrary to the Terrorism (Prevention and Prohibition) Act, 2022, and the Firearms Act, 2004.
The charge, marked FHC/ABJ/CR/63/2026, further alleges that the defendants stored firearms without lawful authority at their residence in Gesse Phase II, Birnin Kebbi LGA of Kebbi State.
Both men pleaded not guilty and were granted bail in the sum of N200 million each, with two sureties in like amount. However, they remain in custody over a separate money laundering case instituted by the Economic and Financial Crimes Commission.
